The Nation Newspaper

Tag: bail

  • Court rules on American fraud suspect’s bail terms today

    The Lagos State Government has dedicated two special phone numbers through which residents can make inquiries and channel complaints about availability and sales of Lake Rice.

    The help lines – 08023818565 and 08033058697 – were announced at the weekend by Commissioner for Agriculture, Mr. Oluwatoyin Suarau.

    Suarau said it would provide the government “first-hand feedback on happenings at the various sales centres with a view to quickly address grey areas if any.”

    “I must stress that there are people available to listen to complaints, answer enquiries and provide necessary help when needed, all you have to do is to call”, he said

    Suarau explained that a monitoring mechanism is in place to ensure fair sales of the product at all centres on a first-come, first-serve basis, in a rancour-free atmosphere.

    The Commissioner tasked workers at designated sales centres on customer satisfaction, warning that complaints from residents on poor services at any centre will be treated seriously.

    “The state government has made all necessary arrangement to ensure that the product is available during the festive period and beyond”, Suarau added.

    ustice Hakeem Oshodi of the Ikeja High Court will today rule on an application by an American, Marco Ramirez, seeking to vary his bail terms.

    Ramirez was brought before Justice Josephine Oyefeso last June by the Economic and Financial Crimes Commission (EFCC) on a 16-count charge of obtaining $565,000 from three Nigerians seeking United States Green Card visa under false pretence.

    He pleaded not guilty.

    On July 10, Justice Oyefeso granted him $250,000 bail, with two sureties in the like sum among other terms.

    The judge also ordered that one of the sureties must be resident in Lagos; a director of a reputable company and have landed property. Ramirez was remanded in Kirikiri Prison, pending the perfection of his bail conditions.

    On Friday, Ramirez approached, Justice Ganiyu Safari through his counsel Ademola Adefolaju, seeking variation of the bail terms.

    Adefolaju told Justice Safari that Ramirez’s health condition had deteriorated in detention.

    He prayed the court for an order to allow the defendant to bring one surety that is in a directorate cadre in the Lagos State civil service as a substitute for a director in a reputable company.

    Adefolaju, who stated that the application was served on the EFCC on August 21, said Ramirez was dying in prison, adding that the failure “to expeditiously determine the motion is dangerous as his health is deteriorating in prison custody.”

    However, Justice Safari held that since the EFCC was not aware of the proceedings, it was better for the matter to be adjourned.

    He ordered that a hearing notice be issued to the commission informing it of Ramirez’s application and adjourned the hearing of the application till today before Justice Oshodi who resumes today as the next vacation judge.

    According to EFCC, Ramirez, the Managing Director of three companies – USA Now Plc., Eagleford Instalodge Group and USA Now Capital Group – committed the offences between February and August 2013.

    The American was alleged to have fraudulently received $545,000 from one Godson Echejue to invest in one of Ramirez’s firms for the purpose of procuring an American Green Card (permanent residency card) for the Nigerian.

    The EFCC also alleged that Ramirez received $10,000 from one Abubakar Umar through a non-existent investment programme in the U.S. which would make Umar eligible to obtain an American passport

    He was further alleged to have illegally received $10,000 from one Olukayode Sodimu on the pretext that the funds were facilitation fees with the American Immigration Services for an American Green Card.

  • Engineer gets N1.2m bail for ‘attempting to steal generator’

    An Ikeja Magistrates’ Court in Lagos State has admitted a 30-year-old engineer, Eze Chimaobi, to bail at N1.2million for allegedly attempting to steal a 10KVA generator worth N1.75million from Kingsley Eze.

    The Magistrate, Mr. T.O. Shomade, who gave the ruling, ordered the accused to produce two sureties, as part of the bail conditions.

    Shomade said the sureties must be gainfully employed and should show evidence of two years’ tax payment to the Lagos State government.

    The accused, who is facing a two-count charge of conspiracy and stealing, pleaded not guilty to the charge.

    The prosecutor, Raji Akeem, told the court that the accused, who lives in Ilupeju, Lagos, committed the offence on July 9 at Adebowale Street, Ojudu, Ikeja.

    Akeem alleged that Chimaobi and others at large conspired to steal a 10KVA generator worth N1.75million from the complainant’s compound.

    The prosecutor claimed that the accused and his accomplices parked a truck in front of the complainant’s house and waited for the gateman to leave his duty post, so that they could enter the compound.

    He said immediately they noticed there was no one around the gate, the accused jumped into the compound with one of his accomplices and tried to steal the generator.

    Akeem said the accused was caught by the gateman, who saw Chimaobi and his accomplice struggling to carry the generator out through the gate.

    The prosecutor said when the gateman cried out that there were thieves in the compound, Eze called the police, who arrested the accused and took him to the station.

    He said Chimaobi’s accomplices escaped in their truck.

    The offence contravened sections 287 and 411 of the Criminal Law of Lagos State, 2015. Section 287 prescribes three years imprisonment for stealing.

    The case was adjourned till August 7 for mention.

  • Kanu’s bail

    Kanu’s bail

    Too stringent for comfort

    The bail conditions granted the self-proclaimed leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, was like giving a thirsty man vinegar to quench his thirst. Justice Binta Nyako, of the Federal High Court, Abuja, showed magnanimity in changing her earlier position not to grant Kanu, accused of treason, bail. By the judge’s account, Kanu has continually exhibited traces of ill health, every time he appeared in court, a position deposed to in the supporting affidavit for the bail application.

    According to Justice Nyako: “over time that the first defendant has appeared in court, the first defendant may be having some health issues as he always sits down and sweats profusely.” She held further: “I am of the opinion that the first defendant needs better health attention than the prison services is able to provide”. As a show of her magnanimity, she exercised her discretion in favour of granting bail to Kanu, who is the first accused person, while refusing bail to the other three accused persons.

    In exercising her discretionary power of setting the bail conditions, Justice Nyako set excessively stringent conditions. The judge had asked the accused to tell the court his religion, to which he replied, Judaism. On that premise, the court held that of the three sureties, one must be “a highly respected and recognised Jewish leader.” The judge also directed that Kanu must not grant interviews, or be in a crowd of more than 10 persons. There is also the report in some media that the three sureties are to deposit N100 million each, instead of a mere surety in like sum.

    While there was jubilation among some pro-Biafra agitators, the father of the accused, has expressed reservation about the bail condition. Eze Israel Kanu, the traditional ruler of Afaraukwu Ineku Umuahia, asked rhetorically: “why ask him to produce a Jewish leader as surety? Why demand a senator or Igbo leader who will deposit N100 million?” The king went ahead to answer the queries, for he retorted: “It is possible that they are looking for an opportunity to keep him in detention.” He then implored: “It is up to the world to look at the bail conditions and see if they are justifiable…”

    For us, the worry should be whether the judge went overboard in setting these stringent conditions. After all, the essence of a bail is to secure the attendance of an accused before the court to face trial whenever the matter is called. For instance, why should the court opt to gag the accused and restrain him from being in a crowd of more than 10 persons? While on bail, the laws of the land apply to the accused and where he breaches any, the law will take its course, as the court lacks the ability to monitor the conduct of the accused.

    Again, why engage in a religious excursion in setting the bail condition for the accused person? If we may ask, why should a Nigerian, standing trial for an infraction of a Nigerian law, seek for “a highly respected and recognised Jewish leader;” to gain bail from a Nigerian court? To put a stamp of jocularity to what ordinarily should be an exercise of judicial discretion, the judge said of the prescribed Jewish surety: “I must be able to know him. Thank God I have been taught how to use goggle.”

    While Nnamdi Kanu, Benjamin Madubugwu, Chidiebere Onwudiwe and David Nwawuishi have been charged for serious crime of alleged treason, if the judge exercises the discretion to grant bail, then it should be merely to secure the attendance of the accused.

  • …how senator, two others signed his bail bond

    …how senator, two others signed his bail bond

    The South East Caucus of the Senate met on Thursday and agreed to take the leader of the Indigenous People of Biafra (IPOD), Nnamdi Kanu on bail.

    The emergency meeting, which held at the Apo Quarters residence of the Deputy Senate President, Senator Ike Ekweremadu, according to reliable sources privy to the parley, was “essentially to discuss the stringent bail conditions granted Kanu by Justice Binta Nyako of the Federal High Court, Abuja on Tuesday.”

    The source said that “first, the Caucus agreed to work as a team to secure immediate release of Kanu.”

    He said that the Caucus also unanimously agreed that “the leader of the Caucus and Senator representing Abia South Senatorial District, Senator Enyinnaya Abaribe or the Senator representing the IPOD leader’s Abia Central Senatorial District, Senator Theodore Orji, should take him on bail.”

    The source noted that “owing to the absence of Senator Theodore Orji at the crucial meeting, Abaribe did not blink an eye before he agreed to take Kanu on bail.”

    Agreement on the bail of the IPOB leader sealed, the Caucus was said to have immediately made contact with Kanu’s lawyers on the decision to ensure that his bail was perfected.

    Following the agreement, Abaribe yesterday went to the Federal High Court, Abuja where he perfected and signed the bail bond after fulfilling the N100 million bail condition ordered by Justice Binta Nyako on Tuesday.

    The Abia South Senator was at the court before 12 noon and by 12.30 pm, he was through with the processes involved in the bail condition.

    Abaribe was however asked to stand by while some court officials were said to have been dispatched to Kuje Prison, Abuja to fetch the IPOB leader to be handed over to the lawmaker.

    Others who signed the bail bond were Tochukwu Uchendu, an accountant based in Abuja, and Jewish High Priest Immanu-el Shalom Oka-Ben Madu

  • Court refuses to scrap payment of money for bail 

    Court refuses to scrap payment of money for bail 

    A Federal High Court in Abuja has rejected the request that it voids the legal provision requiring a defendant granted bail to make financial deposit.

    Justice Gabraiel Kolawole, in judgment Monday dismissed a suit filed in that regard.

    The judge held that the provision, contained in Section 165(2) of the Administration of Criminal Justice Act (ACJA) 2015 was lawful and did not offend the Constitution.

    The plaintiff, Dr. A.C.B. Agbazuere, a lawyer, had urged the court to void Section 165(2) of the ACJA on the ground that it was offensive to the provision of Section 36(5) of the 1999 Constitution.

    He argued that “the applicability of Section 165(2) of the ACJA will deprive Nigerian citizens of their liberty, freedom and fair hearing. “With Section 165(2) of the ACJA, the accused is to pay money before his bail can be approved when the prosecution has neither proved the essential ingredients of the case not has the accused been found guilty. “By providing for the mandatory payment of money before bail is approved, section 165(2) of the Act has now presumed every person guilty when he has not been tried and found guilty.

    “It is an aberration and ambush against the people and should not be allowed to stand,” the plaintiff had argued.

    Defendants in the suit – the Attorney General of the Federation (AGF) and the National Assembly – objected to the suit by filing two notices of preliminary objection

    They queried the competence of the suit and the plaintiff’s locus standi. They urged the court to decline jurisdiction.

    The defendant contended that the plaintiff did not prove that he is an accused person before any court, who has been asked to deposit money for bail.

    They also argued that the plaintiff failed to establish that his right was breached in any way.

    The defendants noted that the portion of the law complained of, provides that a court “may” impose money for bail, which implied that the monetary requirement was not mandatory.

     

  • Court grants N7m bail to lovers for allegedly defiling 2 sisters

    Catherine Edet, 29, and her male lover, Chinedu Nwobodo, 30, were on Tuesday granted N7 million bail by an Ebute-Meta Chief Magistrates’ Court in Lagos for allegedly defiling two sisters.

    . The trial judge, Mr A. T. Elias, admitted Nwobodo to a N5 million bail with two sureties, who are to deposit the sum of N250,000 each into the account of the court.

    Edet was, however, admitted to a bail of N2 million with two sureties each in like sum.

    The duo are facing a three-count charge of conspiracy, defilement and failing to provide necessary care and endangering the health of the children in their custody.

    They both, however, pleaded not guilty to the charges preferred against them.

    Earlier, the prosecutor, Sgt. Kehinde Omisakin, had told the court that the accused had committed the offences sometimes in December 2016 at Ikota Housing Estate, Ajah, Lagos.

    Omisakin alleged that Nwobodo, Edet’s boyfriend, was fond of defiling his lover’s two daughters, aged 9 and 12, whenever he visited.

    “When he had realised that his lover was fast sleep after she must have drunk to stupor, he would have intercourse with the two girls,” she said.

    The News Agency of Nigeria (NAN) reports that the offences contravened Sections 137, 245 and 411 of the Criminal law of Lagos State, 2015 as amended.

    The court adjourned the case until May 10.

  • Peace Corps boss gets N10m bail

    Peace Corps boss gets N10m bail

    Justice John Tsoho of the Federal High Court, Abuja yesterday granted the Commandant of Peace Corps, Mr. Dickson Akor, bail in the sum of N10 million.

    In his ruling, Justice Tsoho said Akor  must produce “one surety in the sum of N20 million and must be resident within Abuja, with title document; must have title of land property and two passport photographs.

    “The defendant must submit his international passport to the Deputy Chief Registrar.”

    Justice Tsoho adjourned till May 23 for commencement of trial.

    The Federal Government arraigned Akor and the Incorporated Trustees of the Corps on a 90-count criminal charges, bordering on alleged conversion of money directly derived from extortion to the tune of about N1.4 billion.

    In the suit filed by the office of the Attorney-General of the Federation (AGF), the defendants were also charged for wearing of uniforms and other identification marks, contrary to section 24 (1) of the Private Guard Companies Act Cap P30, Laws of the Federation of Nigeria, 2004, and punishable under Section 32 (1) of the Act.

    The charges filed by the prosecution counsel,  Aminu Alilu, accused the defendants of laundering of funds obtained through unlawful activity, contrary to Section 7(1)(b) of the Advance Fee Fraud and Other fraud related Offences Act, Cap A6 laws of the Federation, 2004 and punishable under the same section of the Act.

    The defendant pleaded not guilty.

  • Unilag student gets N500,000 bail for alleged gang rape

    A 17-year-old undergraduate of the University of Lagos (Unilag), Ugochukwu Daniel, who allegedly gang-raped a 17-year-old girl with others still at large, was on Thursday released on N500,000 bail by a Surulere Chief Magistrates’ Court.

    Chief Magistrate A. Ipaye-Nwachukwu, who gave the ruling, also granted the defendant two sureties in the like sum after he pleaded not guilty to a three-count charge of conspiracy, rape and sexual harassment.

    Ipaye-Nwachukwu said one of the sureties must be a relation of one of the defendants while the second surety should be a civil servant of not less than Grade Level 14.

    She said the case file should be duplicated and a copy sent to the State Director of Public Prosecutions (DPP) for advice.

    Prosecuting Sergeant Anthonia Osayande told the court that the offences were committed sometime in January at High-Rise Quarters, University of Lagos.

    She alleged that the defendant and others at large conspired and raped the teenager (name withheld).

    “Daniel sexually harassed the girl with video clips in order to intimidate her. He had sexual intercourse with the 17-year-old girl without her consent,’’ she alleged.

    The offences contravened sections 137, 260 (2), 264 and 411 of the Criminal Law of Lagos State 2015 (Revised).

    The News Agency of Nigeria (NAN) reports that Section 137 provides life imprisonment for offenders.

    The magistrate adjourned the case until May 18

  • Chocolate City boss Audu Maikori granted bail

    Chocolate City boss Audu Maikori granted bail

    Audu Maikori, the Chief Executive Officer, Chocolate City, Lagos was on Monday granted bail after his  arraignment before a Kaduna Chief Magistrate’s Court over alleged criminal conspiracy and spreading falsehood.The charge sheet indicated that he was also alleged to have incited disturbance of public peace.

    Maikori was arraigned along with one Simon Joseph, as first and second accused.

    Prosecution counsel, Dari Bayero, told the court that the duo, on January 23, 2017 conspired and spread a false story, in the social media, that five students of Kaduna State College of Education were ambushed and killed by Fulani herdsmen.

    “This false information was inciting and capable of disturbing the public peace,” he alleged.

    Bayero said that the the offences were punishable under section 24 of Cyber Crime Act, Laws of the Federation 2015.

    He, however, said that investigation was ongoing, and urged the court to give him more time to conclude the investigation and filed the case to an appropriate court.

    Counsel to the first accused, Mr Reuben James, urged the court to grant his client bail on the ground that the offences for which he was dragged before the court were bailable.

    Similarly, counsel to the second accused, Mr Desmond Tabakwot, also urged the court to grant the second accused bail.

    Chief Magistrate Emmanuel Yusuf said he lacked jurisdiction to try the case, and thereafter granted the accused persons bail in the sum of N100,000 and one surety each.

    He adjourned the case to April 20, for further mention

  • Police release Chocolate City owner Audu Maikori on bail

    Police release Chocolate City owner Audu Maikori on bail

    •How Ezekwesili pleaded his case with El-Rufai

    Lawyer, activist and businessman Audu Maikori was freed from security custody yesterday on bail following his arrest on Friday for allegedly spreading false information on the Southern Kaduna killings.
    Maikori was picked up in Lagos and flown to Abuja preparatory to his possible arraignment in court tomorrow.
    The owner of Chocolate City is believed to have been picked up on the strength of the information he posted on social media about two weeks ago in which he claimed that six students of the College of Education in Gidan-Waya, Kaduna, were killed by Fulani herdsmen during an attack on the school.
    Among the dead, according to him, was his driver’s younger brother.
    The information turned out to be untrue, prompting a retraction and apology from him to the authorities of the school and Governor Nasir el-Rufai of Kaduna State who said false information has always been the major cause of the incessant killings in Southern Kaduna.
    Former Education Minister Oby Ezekwesili revealed yesterday her efforts to make El-Rufai change his mind about prosecuting Maikori more so after the activist had apologized.
    Ezekwezili, in a series of tweets said: “I urged the @GovKaduna to get @Audu out & he replied that his policy of Consequences was important for stemming killings in #SouthernKaduna.
    “The @GovKaduna stated that the actions for which @Audu apologized inflamed the#SouthKaduna conflict more & so the law taking its course.
    “I asked the @GovKaduna to consider @Audu ‘s apology and his unfortunate arrest as a TEACHABLE MOMENT for both the Government & everyone.
    “People already know how stridently I insist on EVIDENCE-BASED ADVOCACY. WE all must take a LESSON from this. @GovKaduna @Audu. #LESSON
    “There’s no basis for a Govt clamp down on Citizens’ FACT-BASED advocacy on ANY ISSUE. So @Audu admitted he was WRONG. Accept it @GovKaduna
    “I told @GovKaduna that it was best to FREE @Audu & use this as the Govt’s POLICY MOMENT to get its MESSAGE of CONSEQUENCES thru to Public.
    “@GovKaduna stated that he had personally reached out asking @Audu to not post those particularly untrue stories but he had continued.
    “I pressed on the NECESSITY for@GovKaduna to act to FREE @Audu and allow all sides to LEARN the RIGHT LESSON from this painful episode.
    “At the end of our discussion,@GovKaduna agreed to ACT and FREE@Audu quickly and end this unfortunate development. WILL WATCH OUT FOR IT.
    “@GovKaduna had stated that @Auduwould be charged to court on Monday. I urged that since he already apologized,Police can CAUTION & RELEASE.
    “Upon release today, I very much hope that @GovKaduna and @Audu can find points of COLLABORATION on#SouthernKaduna after this sad episode.
    “All folks on the two sides of the divide baying for blood really must know that Nigeria CANNOT SURVIVE a Religious War. Shield YOUR SWORDS.”
    Maikori’s lawyer, Mark Jacob confirmed the release of his client on bail yesterday.